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AN ACT
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relating to the authority of a county civil service commission to |
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administer oaths and issue subpoenas; providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 158, Local Government |
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Code, is amended by adding Section 158.0095 to read as follows: |
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Sec. 158.0095. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER |
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OATHS. (a) In a proceeding before the commission under this |
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subchapter, the chairman of the commission shall, on request of a |
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person described by Subsection (b): |
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(1) administer oaths; and |
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(2) issue subpoenas and subpoenas duces tecum for the |
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attendance of witnesses and for the production of documentary |
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material. |
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(b) The affected employee, the county attorney, or a |
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designee of the employee or county attorney may request the |
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chairman of the commission to subpoena any books, records, |
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documents, papers, accounts, or witnesses that the requestor |
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considers relevant to the case. The request must be made before the |
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15th day before the date a commission proceeding will be held. |
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(c) An oath administered under this section has the same |
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force and effect as an oath administered by a magistrate in the |
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magistrate's judicial capacity. |
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(d) A response to a subpoena duces tecum under this section |
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is considered to have been made under oath. |
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(e) A person who is subpoenaed commits an offense if the |
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person fails to appear as required by the subpoena. An offense |
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under this section is a misdemeanor punishable by a fine up to |
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$1,000, confinement in the county jail for not more than 30 days, or |
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both the fine and confinement. |
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SECTION 2. Subchapter B, Chapter 158, Local Government |
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Code, is amended by adding Section 158.0355 to read as follows: |
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Sec. 158.0355. AUTHORITY TO ISSUE SUBPOENAS AND ADMINISTER |
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OATHS. (a) In a proceeding before the commission under this |
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subchapter, the chairman of the commission shall, on request of a |
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person described by Subsection (b): |
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(1) administer oaths; and |
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(2) issue subpoenas and subpoenas duces tecum for the |
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|
attendance of witnesses and for the production of documentary |
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|
material. |
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(b) The affected employee, the county attorney, or a |
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|
designee of the employee or the county attorney may request the |
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chairman of the commission to subpoena any books, records, |
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|
documents, papers, accounts, or witnesses that the requestor |
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|
considers relevant to the case. The request must be made before the |
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10th day before the date a commission proceeding will be held. |
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(c) An oath administered under this section has the same |
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force and effect as an oath administered by a magistrate in the |
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magistrate's judicial capacity. |
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(d) A response to a subpoena duces tecum under this section |
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|
is considered to have been made under oath. |
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|
(e) A person who is subpoenaed commits an offense if the |
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|
person fails to appear as required by the subpoena. An offense |
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|
under this section is a misdemeanor punishable by a fine up to |
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$1,000, confinement in the county jail for not more than 30 days, or |
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both the fine and confinement. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3788 was passed by the House on April |
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26, 2011, by the following vote: Yeas 112, Nays 36, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3788 on May 23, 2011, by the following vote: Yeas 131, Nays 15, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3788 was passed by the Senate, with |
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amendments, on May 20, 2011, by the following vote: Yeas 26, Nays |
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4. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |